Same-Sex Marriage at 10: Obergefell Ruling Faces New Challenges Amid Conservative Shift

Ten years ago, the Supreme Court made a historic 5-4 decision in Obergefell v. Hodges, extending the right to marry to same-sex couples and reshaping the fabric of American law and culture. Justice Anthony Kennedy’s powerful words, "No longer may this liberty be denied," marked a turning point, granting same-sex couples the same legal protections and benefits as their heterosexual counterparts.

Since that landmark June 2015 ruling, the visibility of same-sex unions has surged, with the number of married same-sex couples in the U.S. more than doubling, according to data from the Williams Institute at UCLA. Public support has also climbed, with a recent Gallup poll showing 68% of Americans now in favor—a notable rise from 60% a decade ago. This shift, largely driven by Democrats and Independents, reflects a broader cultural acceptance, further solidified by the 2022 Respect for Marriage Act signed by then-President Joe Biden, which mandates federal recognition of same-sex and interracial marriages.

Yet, the anniversary arrives amid a charged political climate. A new conservative majority in Washington, taking hold in January 2025, has emboldened some Republican lawmakers to question the Obergefell decision. Support among Republican voters has notably declined, dropping from 55% in 2021 to just 41% this year, per Gallup data. Across state legislatures, over 500 bills targeting LGBTQ+ rights were introduced in 2024, signaling a growing backlash that has advocates on edge about potential legal challenges to marriage equality.

The current conservative-leaning Supreme Court adds to the uncertainty. Recent rulings, including the 2022 overturning of Roe v. Wade, have fueled fears that Obergefell could be next. Justice Clarence Thomas openly suggested revisiting the decision in his concurring opinion in Dobbs v. Jackson, calling for the court to "correct the error" of past precedents. Additionally, the court’s latest 6-3 decision in United States v. Skrmetti, upholding a Tennessee ban on certain medical treatments for transgender youth, has raised concerns among LGBTQ+ advocates about the broader implications for protections based on sexual orientation.

While President Donald Trump has largely stayed silent on same-sex marriage, his recent executive order recognizing only two sexes—male and female—has stirred further debate. Legal experts, like Fordham Law professor Ethan J. Leib, warn that challenges to Obergefell are not far-fetched, though securing a majority to overturn it remains uncertain. For now, the fight for equality continues, a decade after a decision that promised liberty for all.